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Florida Statute 817.562 - Full Text and Legal Analysis
Florida Statute 817.562 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 817
FRAUDULENT PRACTICES
View Entire Chapter
F.S. 817.562
817.562 Fraud involving a security interest.
(1) As used in this section, the terms “proceeds,” “security agreement,” “security interest,” and “secured party” shall be given the meanings prescribed for them in chapter 679.
(2) A person is guilty of fraud involving a security interest when, having executed a security agreement creating a security interest in personal property, including accounts receivable, which security interest secures a monetary obligation owed to a secured party, and:
(a) Having under the security agreement both the right of sale or other disposition of the property and the duty to account to the secured party for the proceeds of disposition, he or she sells or otherwise disposes of the property and wrongfully and willfully fails to account to the secured party for the proceeds of disposition; or
(b) Having under the security agreement no right of sale or other disposition of the property, he or she knowingly secretes, withholds, or disposes of such property in violation of the security agreement.
(3) Any person who knowingly violates this section shall be punished as follows:
(a) If the value of the property sold, secreted, withheld, or disposed of or the proceeds from the sale or disposition of the property is $300 or more, such person is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the value of the property sold, secreted, withheld, or disposed of or the proceeds obtained from the sale or disposition of the property is less than $300, such person is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 1, ch. 79-113; s. 5, ch. 86-161; s. 196, ch. 91-224; s. 1265, ch. 97-102.

F.S. 817.562 on Google Scholar

F.S. 817.562 on CourtListener

Amendments to 817.562


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 817.562
Level: Degree
Misdemeanor/Felony: First/Second/Third

S817.562 3a - FRAUD - SECURITY INTEREST 300 DOLS OR MORE - F: T
S817.562 3b - FRAUD - SECURITY INTEREST LESS THAN 300 DOLS - M: F

Cases Citing Statute 817.562

Total Results: 2

Littman v. Commercial Bank & Trust Company

425 So. 2d 636, 35 U.C.C. Rep. Serv. (West) 678

District Court of Appeal of Florida | Filed: Jan 25, 1983 | Docket: 2578247

Cited 19 times | Published

agreement. Compare sections 818.01 and 818.03 with section 817.562 which makes it actionable fraud to sell or

State v. Moore

892 So. 2d 1218, 2005 Fla. App. LEXIS 1444, 2005 WL 350321

District Court of Appeal of Florida | Filed: Feb 15, 2005 | Docket: 64835871

Published

involving a security interest in violation of section 817.562(2), Florida Statutes (2000). Because Moore’s